ATTACHMENT J.1.8. - APPENDIX G.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY ENGINEER DISTRICT, LOUISVILLE

CORPS OF ENGINEERS

REGULATORY DIVISION, SOUTH BRANCH

6855 STATE ROAD 66

NEWBURGH, INDIANA 47630

March 31, 2022

Regulatory Division South Branch ID No. LRL-2021-334-tmb

Mr. Michael J. Lesinski Dept of Homeland Security, USCG 15608 S.W. 117th Avenue Miami, FL 33177

Dear Mr. Lesinski:

This is in response to your recent request dated March 28, 2022, for a Department of the Army (DA) authorization to conduct maintenance dredging and to remove and replace a floating concrete dock at the U.S. Coast Guard Station. The project was originally authorized on November 30, 2021 and has since expired. No changes to the proposed project are planned. The site is located on the Ohio River at river mile 754.2 on the left descending bank (LDB) in Owensboro, Daviess County, Kentucky. The information supplied by you was reviewed to determine whether a Department of the Army (DA) permit will be required under the provisions of Section 10 of the Rivers and Harbors Act of 1899 and/or Section 404 of the Clean Water Act

Based on the initial submitted documentation dated October 27, 2021, you propose to dredge an area of 100’ x 200’ and remove approximately 4,695 cubic yards of silt and clay to maintain the designed navigable elevation of 348 feet Ohio River Datum (ORD) with two feet of allowable overdepth to 346.0 ORD. The material will be mechanically dredged and disposed of at the West Daviess County Landfill. In addition, the existing concrete floating dock would be removed and replaced.

The portion of the project to dredge the existing marina is authorized under the provisions of 33 CFR 330 Nationwide Permit (NWP) No. 35, Maintenance Dredging of Existing Basins, as published in the Federal Register December 27, 2021. Under the provisions of this authorization, you must comply with the enclosed Terms and General Conditions for Nationwide Permit No.

35.

The portion of the project to remove and replace the concrete floating dock is authorized under the provisions of 33 CFR 330 Nationwide Permit (NWP) No. 28, Modifications of Existing Marinas, as published in the Federal Register December 27, 2021. Under the provisions of this authorization, you must comply with the Terms and General Conditions for Nationwide Permit No. 28.

The following special conditions have been added to your authorization:

1. The size, configuration, and design of the structure shall conform to the plans submitted with your application dated October 27, 2021.

2. All dredged material will be properly contained to prevent sediment from reentering

“Waters of U.S.”.

3. It is the permittee’s responsibility to ensure the contractors working on the project are aware of all general and special permit conditions.

This verification is valid until March 14, 2026. The enclosed Compliance Certification must be submitted to the District Engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.

Note that we also perform periodic inspections to ensure compliance with our permit conditions and applicable Federal laws

If you have any questions, please contact this office by writing to the above address, ATTN: CELRL-RDS, or by calling me at 812-853-9713. All correspondence pertaining to this matter should refer to our ID No. LRL-2021-334-tmb.

Sincerely, Tré M. Barron Environmental Protection Specialist Newburgh Regulatory Office

Enclosures Barron/NWP28/35

Compliance Certification:

Permit Number: LRL-2021-334-tmb

Name of Permittee: Mr. Michael J. Lesinski

Date of Issuance: March 31, 2022

Upon completion of the activity authorized by this permit and any mitigation required by this permit, sign this certification and return it to the following address:

U.S. Army Corps of Engineers

CELRL-RDS, TMB

6855 State Road 66 Newburgh, IN 47630

Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions.

Signature of Permittee Date

The following special conditions have been added to your authorization: